CRIME AGAINST PERSON

About the Author

Pooja Nair PR is a B.com LLB graduate currently pursuing an LLM in Corporate and Commercial Law from Christ University.

Torts of the person are kidnapping, Stalking, Assault, and Harassment since they are likely to endanger the life of the victim. About such offenses, legal advice can be taken from Seattle defense attorney Mark Blair, to handle the legalities.

Homicide, rape, assault, and battery are examples of personal/ violent crimes which are some of the worst in the view of the law. They can attract severe consequences such as the conduct of the death penalty where the case is very sensitive. This in turn implies that such crimes are among those for which the jaws are used to pronounce out such severe penalties including high treason and grand espionage.

The kidnapping or any unlawful action that impacts the people even if they are not tortured is considered severe. It is illegal to do anything that affects or seeks to affect any person or interferes with or negates the person’s liberty or quality of life. Some continue to distinguish the criminal acts that affect health, life, and liberty since these are more egregious to the members of society than other offenses. Whether the violence is perpetrated by familiar characters or strangers, such acts are planned and can happen to anybody, at home included.

The section that seeks to define ‘Offenses against the human body’ is an attempt to list criminal offenses that in one way or another invade or threaten to invade the physical integrity of the victim. DIVISIONS SEVEN: Base wise the parts that concern several offenses relating to the human body are the following: Species 299-377. All these are elaborated in this article but since there are so many more that are equally important, they cannot all be discussed here. Such crimes include those cases that call for the unlawful application of force, capability, or even an intention to cause a bodily harm to another person. Depending on the structure it can be divided into four types.

• Fatal
• Non-fatal
• Sexual
• Non-sexual

Examples of crime against the body are; culpable homicide and murder; assault and criminal force; deprivation of liberty; sexual offenses rape and domestic violence.

TYPES OF CRIME AGAINST PERSON

However, not all felonies and misdemeanors are the same in each state many of the crimes against persons listed below can be prosecuted as a felony. Sentencing lengths likewise differ by crime, although crimes against the person (assault and battery, domestic violence, stalking), kidnapping and sexual offenses are most common.

1. CULPABLE HOMICIDE (SECTION 299)

The word homicide is derived from the Latin words homo (human) and cido(killing). It’s referring to one persons taking another life. You killed in one way or another. — Murder is common law and statutory offense; various degrees of crime, for example grading first degree as more serious than second. Homicide is also lawful to the extent that it has been committed under legal justification of such an act by a specific type of human being, as in cases which could otherwise constitute murder (Section 96)[ Nothing is an offence, which is done in the exercise of the right…] or other circumstances as described under Sections 76 to 106 of Chapter IV in the Indian Penal Code.

Re: Palani Goundan vs. Unknown (1919) 37 MLJ 17

wherein the accused, having given his wife a blow on her head with an otiose plow-hoe; though not proved to be such in consequence of fatal wounding;; had knocked her down insensible; and believing that she was dead; strangled [her] by hanging from a beam connected which he tied up [a rope]; Insomuch as through strangulation there was death. The court ruling was ‘not guilty’ on culpable homicide, but found the defendant guilty of grievous harm.

Joginder Singh vs. State of Punjab (1979)[ (1919) 37 MLJ17

When the pursued man was eventually arrested, he walked free of culpable homicide charges. Once in an open field, his enemies were pursuing him and had already killed one of his relative during the incident so to save himself he jumped into a well where he died. The accused was acquitted, holding that the act of the accused did not bring within Section 299, IPC as an intention done or knowledge referred under Section 9.

According to Section 300, murder is culpable homicide. It refers to culpable homicide, in other words if guilty or criminal of certain instances may amount up too murder. Therefore, every murder is culpable homicide but not the other way around; a crime should fulfil all the ingredients of punishable homicide before it can be called as murder.

2.MURDER (SECTION 300)

In simpler terms: Culpable homicide is not murder unless the accused has intended to cause death, etc. This is an act of killing. The act is to be done by the perpetrator with the intention not only or primarily of causing death but certainly of causing death and he knows reckless as to whether will cause death. The act results in physical injury that will most likely destroy under average conditions.

Culpable homicide not amounting to murder:

The following are not murder, but culpable homicide:

It is only when the act of Culpable Homicide amount to Murder that it would be covered under Part II-IPC and kept outside clause one or Explanation I thereof.

(1) The murder of a human being by another falls within five exceptions engrafting on S. 300 Ironically enough, if the culpable homicide is committed in circumstances akin to any one i.e., all or none -of the above (exceptions), it would not then amount even to ‘murder’ as denned in s.

This contents of this section 300 shall be excluded with respect to the following:

• A severe and sudden stimulus
• Do some exercise of their full right to private defense.
• A public officer acting without his legal capacity.
• Intentionally bringing a fight to an immediate death
• Approval from the deceased person, who was over 18.

Exception I

Grave and sudden provocation:

It is not murder if the person whose accumulation of provocation by a grave and sudden provoked heats himself so that he loses his self-control, but instead causes the death of him or herself who has moy means etc. to provoke it becomes (accidentally) guilty of killing this man or another; Whether to criminal culpability or not there is no absolute immunity.

The Supreme Court in KM Nanavati vs The State of Bombay (1961)[ 1961 AIR 112, 964 SCR (2)897 ]

which is popular as the case itself, held that :-

To sum up, in the Nanavati trial case, Supreme Court had laid down the provisions related to Sudden and Grave Provocation defense:

You just never know what words or actions are going to trigger the unexpected. Not just the mental state caused by some thing done before their action but not something that is biologically wired in. It must be determined whether the manner of his act is one that would naturally provoke a man from the accused’s class to lose self control. The provoked rage must be the direct cause of the fatal blow. Apropos of provocation, if at the time there was an opportunity for passion to cool prior to committing that final act then provocation cannot be claimed as a defense.

3.DOWRY DEATH

A male adult knocked down a woman. Despite many movements being brought, the crime of dower is a stooge in Indian civilization! Under section 2 of the Act, “dowry” is defined as any property valuable security given or agreed to be given either directly or indirectly,— (a) by one party in marriage to other part.. for successful conduct of its own affairs -section-304-b–for example if you take an undertaking that stay in parents house after getting married and on this condition only, marriage occurs this also constitutes consideration under dower act which limits interpretation dower like to a gift less than 30 thousand-at first look it can appear definition provisions reply precisely-especially compared with generic ones exists statutes. 

In the case of Kamesh Panjiyar versus State of Bihar[ 2006 ALL SCR (Cri) 178.] In Kamesh Panjiyar, the Supreme Court at Para Nos. 26 to 28 has outlined as under the essential features of dowry death (Sec.

The death of a woman shall occur due to burns, physical injury or such other reason.

It was expected of her to pass away in the first seven years a married woman.

She must have been subjected to cruelty and harassment on the part of her husband or any relative of ·her-husband.

Demand for dowry should be any conduct in relation to demand or acceptance of such, directly through the other party by one person connected to a marriage; and ·Such cruelty or harassment must be for fulfilling deadly demands. It must be demonstrated that the woman suffered such abuse or harassment — in close proximity to her death.

4.HURT(SECTION 319-338)

Then hurt is one of the transgressions against human body, and hateful or sweet. Sections 319-338: Of Injury & Its Different Avatars Section 319 provides a definition of “injury,” and Section 320 sets forth the injuries that have been designated as “grievous.”

(a) SIMPLE HURT

Section 319 describes simple hurt as doing any act which causes bodily pain, disease or infirmity to a person.

The word ‘pain’ itself means that the agony has to be borne by body and not mind. Accordingly, simply ruining is NOT an injury under Section 319; harm to the mind/feelings falls short of “bodily injuries”. But the victim need not suffer some overt physical harm in order for this provision to apply. He who causes bodily pain, illness or disability to another is said also to have injured him .

Essential Ingredients

1. He must be inflicted with physical pain, illness or disability.
2. It has to be voluntarily made by the accused.

(b) GREVIOUS HURT (SECTION 320)

And these types of hurt are identified as grievous:

Emasculate (deprive) 50 Definitions of emasculation in English ·The fact or condition of being deprived (to prevent from having and able to obtain the human rights), depriving a person, by circumscribing clinical procedures such as castration which results making penis sexually incompetent.

• Vision loss in one eye for the rest of your life. 
• Complete deafness, in one ear or both the ears.
• Any privatization of a member or joint.
• The destruction or permanent damage of the powers any member / joint.
• A permanent loss of the use or function of a body part such as a head or face.
• Breaking or dislocating a bone or tooth
• Any illness resulting in risk of life, immobilizing the person for 30 days because he suffers from severe pain

5.ASSAULT

Assault is another example of a crime against a person. This is when a person or a group of people view harm on another individual. Even if a person yearns to harm another person but fail to do so, they can be charged with assault. One aspect of a crime is considered to be an assault if a reasonable person feels terrified for their safety and discerns an intimidation of harm.

ABDUCTION ( SECTION362)

This entails abducting a person; forcing them to move from one place to another or luring them to leave using deceitful means. Abduction. – Whoever by force compels, or by deceitful means induces, any person to go from any place, is said to abduct that person.

ESSENTIAL COMPONENTS

Force, compulsion and fraud If such coercion or persuasion occurs, it must lead to a person being removed from the site.

Force:

Under Section 362, IPC—an agency may compel the departure of a person from any place either by ||’force’, and it can resort to ‘deception’||. Abduction is the act of taking a person from India or out of keeping in lawful custody.

RAPE AND SEXUAL ASSAULT

Sexual assault and rape are serious crimes. The words “rape” and sexual assault are only used to differentiate between two types of crime.

Inserting a penis into the vagina, anus or mouth of another person without his/her consent intentionally is known as rape in legal terms. A person guilty of sections 2 to seven shall be liable, on conviction by a court of regulation with out jury– a) to imprisonment for all times; or b) if the sufferer is unlawfully and forcibly detained when the offence is dedicated, to imprisonment for life. (1) An individual commits an assault if he(a) deliberately penetrates sum other celebration’s mouth.

377 Unnatural Offences

This is an assault category to the human body unnatural mode of attack VI Section 377 defines Unnatural offenses as:-If anyone has voluntary carnal intercourse against the order of nature or a man with another man, woman or animal is punished with  for life and be imposed fine.

PUNISHMENTS

Fines: Offenders are made to pay amounts that seem appropriate based on their financial resources and the seriousness of their offence (if known). These are those punishments which is used for petty offences and low crimes so that it does not lead to the severe punishment like jail. Prison is a punishment because the criminal simply locked up and not made to work.

Capital punishment is the practice of executing an offender to be put to death for his crime. It is even provided in the rarest of the exceptional instances Justifying Exceptional Circumstance (JEC) category only India. It is a punishment which can be awarded for the crimes like:- Waging War against Government of India (Section 121), abetment of mutiny(Section 132) etc.

Confiscation of Property: As a punishment, forfeiture by seizure is as old as the hills. 55 section 53 of the Indian Penal Code goes to fifth extent that has its source on retribution and allows for property seizure.

CONCLUSION

Once we understand what is causing things, let’s take steps to fix that individual and make him/her a better citizen so they can be palatable for the masses. We already have laws like the death or life imprisonment for cases of murders, rapes and such but yet people commit whatever kind of crimes this gives an indication that legislation has not quite so succeeded in stopping humans from committing a felony.